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Session Laws, 1959
Volume 642, Page 1178   View pdf image (33K)
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1178                             Laws of Maryland                       [Ch. 761

for Representatives in Congress after the adoption of the said
amendment, TO PROVIDE FOR AN ADDITIONAL JUDGE IN
THE SECOND JUDICIAL CIRCUIT, RELATING TO THE
ELIGIBILITY OF MEMBERS OF THE GENERAL ASSEMBLY
FOR THE OFFICE OF JUDGE, AND SUBMITTING THIS
AMENDMENT TO THE QUALIFIED VOTERS OF THE
STATE FOR ADOPTION OR REJECTION.

SECTION 1. Be it enacted by the General Assembly of Maryland,
(three-fifths of all members elected to each of the two Houses con-
curring), That the following Section be and the same is hereby pro-
posed as an amendment to Section 21 of Article IV of the Constitution
of Maryland, title "Judiciary Department", sub-title "Part IIIó
Circuit Courts", the same, if adopted by the legal and qualified voters
of the State as herein provided, to become Section 21 of Article IV
of the Constitution of Maryland.

21. From and after January 1, 1955, there shall be in the third,
fourth, fifth, sixth and seventh circuits at least one judge for each
county, who shall be a resident of the county in which he shall hold
office, and who shall be elected by the voters thereof, to be styled
judges of the circuit court, to be elected or appointed as herein pro-
vided. The number of judges for any of the circuits or for any of
the counties, may be increased or decreased by the General Assembly
from time to time, and any vacancy so created shall be filled as pro-
vided in Section 5 of this Article except that in the third, fourth,
fifth, sixth and seventh judicial circuits there shall never be less than
one judge for each county and [in] in all of the crcuits CIRCUITS
there shall never be less than three FOUR for each circuit. The
senior judge in length of service shall be the Chief Judge of the
Circuit; the other judge or judges shall be associate judges. In
the first and second judicial circuits no two of said judges of the
circuit court shall at the time of their election or appointment,
or during the term for which they may have been elected or
appointed, reside in any one county. In the first and second
judicial circuits, in case any candidate or candidates for judge at
any election shall receive sufficient votes to cause such candidate
or candidates to be declared elected, but the election of such candi-
date or candidates would cause more judges than herein permitted
to reside in any county of the circuit, then and in that event there
shall be declared elected only that candidate or those candidates
residing in said county, in the order of the votes received, whose
election would provide the permitted number of judges from said
county, and also the candidate or candidates residing in some other
county, and not similarly disqualified, who shall have the next high-
est number of votes in said election. If, by reason of such a con-
dition or by reason of an equal vote for two or more candidates a
sufficient number of judges duly qualified as to residence shall not
be elected at any election, then it shall be the duty of the Governor
to order a new election for such unfilled office or offices. From and
after December 1, 1954, there shall be not less than [three judges
resident in Montgomery County and not less than] two judges resi-
dent in Anne Arundel County, and in Prince George's County and
not less than three judges resident in Baltimore County. [The
vacancies in Garrett, Montgomery, and Prince George's County cre-
ated by the adoption of this amendment shall be filled as provided

 

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Session Laws, 1959
Volume 642, Page 1178   View pdf image (33K)
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